Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2019 (SA)
South Australia
Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2019
under the Health Practitioner Regulation National Law (South Australia) Act 2010
Contents
Preamble
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Variation of Health Practitioner Regulation National Law (South Australia)
4 Amendment of section 113—Restriction on use of protected titles
5 Amendment of section 115—Restriction on use of specialist titles
6 Amendment of section 116—Claims by persons as to registration as health practitioner
7 Amendment of section 117—Claims by persons as to registration in particular profession or division
8 Amendment of section 118—Claims by persons as to specialist registration
9 Amendment of section 119—Claims about type of registration or registration in recognised specialty
10 Amendment of section 121—Restricted dental acts
11 Amendment of section 122—Restriction on prescription of optical appliances
12 Amendment of section 123—Restriction on spinal manipulation
13 Amendment of section 196A—Offences relating to prohibition orders
14 Insertion of section 241A
241A Proceedings for indictable offences
15 Amendment of section 242—Proceedings for other offences
16 Amendment of Schedule 6—Inspectors
Preamble
Section 4 of the Health Practitioner Regulation National Law (South Australia) Act 2010 provides that if the Parliament of Queensland enacts an amendment to the Health Practitioner National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland (the Queensland Act), the Governor may, by regulation, modify the Health Practitioner Regulation National Law (South Australia) text to give effect to that amendment as a law of South Australia.
The Parliament of Queensland has enacted the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 to amend the Queensland Act and the amendments set out in Part 2 of these regulations to the Health Practitioner Regulation National Law (South Australia) text give effect to those Queensland amendments.
Part 1—Preliminary
1—Short title
These regulations may be cited as the Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2019.
2—Commencement
These regulations come into operation on 1 July 2019.
3—Amendment provisions
Pursuant to section 4(4) of the Health Practitioner Regulation National Law (South Australia) Act 2010, the Health Practitioner Regulation National Law (South Australia) text is amended as specified in Part 2 of these regulations.
Part 2—Variation of Health Practitioner Regulation National Law (South Australia)
4—Amendment of section 113—Restriction on use of protected titles
Section 113(1), penalty provision—delete the penalty and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
Section 113(2), penalty provision—delete the penalty and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
5—Amendment of section 115—Restriction on use of specialist titles
Section 115(1), penalty provision—delete the penalty and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
Section 115(2), penalty provision—delete the penalty and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
6—Amendment of section 116—Claims by persons as to registration as health practitioner
Section 116(1), penalty provision—delete the penalty and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
Section 116(2), penalty provision—delete the penalty and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
7—Amendment of section 117—Claims by persons as to registration in particular profession or division
Section 117(3), penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
8—Amendment of section 118—Claims by persons as to specialist registration
Section 118(1), penalty provision—delete the penalty and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
Section 118(2), penalty provision—delete the penalty and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
9—Amendment of section 119—Claims about type of registration or registration in recognised specialty
Section 119(3), penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000 or 3 years imprisonment or both; or
(b)in the case of a body corporate—$120 000.
10—Amendment of section 121—Restricted dental acts
Section 121(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $60 000 or 3 years imprisonment or both.
11—Amendment of section 122—Restriction on prescription of optical appliances
Section 122(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $60 000 or 3 years imprisonment or both.
12—Amendment of section 123—Restriction on spinal manipulation
Section 123(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $60 000 or 3 years imprisonment or both.
13—Amendment of section 196A—Offences relating to prohibition orders
Section 196A(1), penalty provision—delete the provision and substitute:
Maximum penalty: $60 000 or 3 years imprisonment or both.
14—Insertion of section 241A
Before section 242 insert:
241A—Proceedings for indictable offences
(1)An offence against Part 7 Division 10 or section 196A(1) is an indictable offence.
(2)Despite subsection (1), an offence against Part 7 Division 10 or section 196A(1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $60 000 or imprisonment for 2 years.
15—Amendment of section 242—Proceedings for other offences
Section 242—after "this Law" insert:
, other than an offence mentioned in section 241A(1),
16—Amendment of Schedule 6—Inspectors
Schedule 6, clause 16(1)—delete subclause (1) and substitute:
(1)If a seized thing has not been forfeited, the inspector must return it to its owner—
(a)if proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or
(b)otherwise—
(i)6 months after the thing is seized; or
(ii)at the end of any longer time for which the thing may be kept under subclause (3).
Schedule 6, clause 16—after subclause (2) insert:
(3)If the seized thing is a document, the inspector may keep it while the inspector is satisfied it is needed, or may be needed, for the purposes of—
(a)a proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or
(b)an appeal from a decision in a proceeding for an offence against this Law.
Schedule 6, clause 17(1)—after "copy it" insert:
or take an extract from it
Schedule 6, clause 17(2)—delete "or copying" and substitute:
, copying or taking of an extract
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 27 June 2019
No 168 of 2019
HEAC-2018-00075
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